legal advice
Read this document carefully. It constitutes the Legal Warning and Conditions of Use (hereafter “Legal Warning”) that regulate access to, navigating on and use of the websiste www.hotelrepresentatives.org of Hotelrepresentatives (Asociación Promarketing y Difusión del Turismo) (hereafter “Website”).
Access to, navigating on and use of the Website on your part implies the express acceptance without reservations of all the terms of the present Legal Warning, which will have the same validity and efficacy as any written and signed contract.
Its observance and compliance will be demanded with respect to anyone who accedes to, navigates on or uses the Website. If you are not in agreement with these terms, do not accede to, navigate on or use the Website.
1. INTRODUCTION AND COMPANY DATA
Hotelrepresentatives is an entity whose registered office is at Calle Ricard Casademont, 59 2º 3ª 17240 Llagostera, and whose Tax Identification Number (NIF) is G-17831876, inscribed in the Registro Mercantil de Girona, Tomo 40.051, Folio 197, Hoja M-711602.
For more information about HotelRepresentatives, visit the Website or contact us through the email head.office@hotelrepresentatives.org.
2. OBJECTIVE AND CIRCLE OF APPLICATION
The present Legal Warning regulates access to the contents and all the services offered by HotelRepresentatives through the Webpage, as well as their utilization by the Users. Nevertheless, HotelRepresentatives reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access/utilization. The access to and utilization of the contents and services after any modifications and changes in their conditions supposes that they have been accepted.
Access to, navigation on and use of the Website also supposes that the User accepts the present Legal Warning.
In this sense, it is understood that User (or, in the plural, Users) is defined as the person who accedes to, navigates on, uses or participates in the services and activities, free or paid for, that are developed on the Website.
3. ACCESS AND UTILIZATION OF THE WEBSITE
3.1. Access to the Website
Access to the contents provided by the Website is free, although the services offered by HotelRepresentatives through the Website are subject to previous contracting and the payment of an amount established in their Terms and Conditions.
3.2. Utilization of the Website
The User promises to use the Website in accord with the law and with the terms of this Legal Warning. Likewise, the User is obliged to refrain from using the Website for illicit ends or effects, or those that are contrary to what is established in the present Legal Warning. By using the services, the User manifests his conformity with this Legal Warning, thus committing himself to not transmit, spread or make available to third parties through the services provided by the Website, any kind of material that in any way might contravene current legislation.
Likewise the User accepts, expressly and without reservation, that access to and utilization of the Webpage is carried out under his exclusive responsibility, and promises not to use the Webpage for fraudulent purposes, and to not engage in any conduct that might damage the image, interests and rights of HotelRepresentatives or of third parties. In addition, the User promises to not carry out any act aimed at damaging, disabling or overloading the Website, or that might in any way impede its normal use and function.
The User is informed that in case of failing to comply with the content of the present Legal Warning or with any other particular terms or conditions covered on the Website, HotelRepresentatives reserves the right to limit, suspend of terminate his access to the Website, adopting any technical means that might be necessary to do this. Likewise, HotelRepresentatives reserves the possibility of carrying out such measures in case it should reasonably suspect that the User is violating any of the terms and conditions included in the instruments previously cited.
4. RIGHT OF INTELLECTUAL AND INDUSTRIAL PROPERTY
The present Website is governed by Spanish laws and by the national and international legislation regarding intellectual and industrial property. In no case will it be understood that access and navigation by the User on the Website –or the use, acquisition and/or contracting of products and services offered through the Website– implies a rejection, transmission, licence or total or partial ceding of said right on the part of HotelRepresentatives. The User has a strictly private right of use, exclusively to enjoy the service in accord with this Legal Warning.
References to commercial or registered names and brands, logotypes or other distinctive signs, whether they are the property of HotelRepresentatives or third companies, implicitly prohibit their use without the consent of Hotelrepresentatives or their legitimate proprietors. At no time, unless explicitly expressed, does access to or use of the Website and/or its contents and/or services, confer upon the User any rights over brands, logotypes and/or distinctive signs included in it and protected by Law.
All the rights of Intellectual and Industrial Property are reserved regarding contents and/or services, and it is particularly forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way the totality or part of the contents and/or service included in the Webpage, for public or commercial purposes, without the previous express written consent by Hotelrepresentatives or, in the case, by the owner of the corresponding rights.
5. COOKIES
We inform you that the Website can use cookies to facilitate your navigation and preset your preferences. For more information, consult our Cookies Policy.
6. PRIVACY POLICY
HotelRepresentatives can work with the data of a personal nature collected through the Website. For more information, consult our Privacy Policy.
7. LICENCE OVER COMMUNICATIONS
In the case of the User sending information of any kind to Hotelrepresentatives through the Website, by means of the channels for that purpose on the Website itself, the User declares, guarantees and accepts that he has the right to do so freely; that said information does not infringe upon any right of intellectual property, brand, patent, commercial secret, or any other third party right; and that said information is not of a confidential character or is harmful to third parties. The User recognises that he assumes this responsibility and will not make any claims against HotelRepresentatives for any communication that he might provide personally in his name, and that there are no restrictions on this responsibility with regard to accuracy, legality, originality or its property.
8. RESPONSIBILITIES AND GUARANTEES
HotelRepresentatives cannot guarantee the reliability, utility or veracity of the services or information that is presented on its Website. Consequently, HotelRepresentatives does not guarantee or take responsibility for:
the continuity of the contents of the Website;
the absence of errors in said contents and products;
the absence of virus and/or other harmful components on the Website or on the server that supplies it;
the invulnerability of the Website and/or the impregnability of the security measures adopted on it;
the lack of utility or performance of the contents and products of the Website;
the damage or harm that it might cause to itself or a third party, or to anyone infringing upon the conditions, norms and instructions that HotelRepresentatives establishes on the Website or through the violation of the security systems of the Website.
In spite of this, HotelRepresentatives declares that it has adopted all the necessary means, within its possibilities and the current state of technology, to guarantee the functioning of the Website and avoid the existence and transmission to Users of any virus or other harmful components.
If a User might have knowledge about the existence of some content that is illicit, illegal, contrary to law or that might be an infraction of the right of intellectual and/or industrial property, he should notify HotelRepresentatives immediately so it can take the necessary measures.
9. LINKS
9.1. Links to other webpages
Should the User find on the Website connections to other webpages by means of different buttons, links, banners, etc., these are managed by third parties. HotelRepresentatives does not have the ability or the human and technical means to know about, control or approve all the information, contents, products or services provided by other webpages that might be accessed from its Website.
Consequently, HotelRepresentatives cannot assume any kind of responsibility for any aspect relative to the webpages accessible from its own Website, including but not limited to their functioning, access, data, information, files, the quality and reliability of their products and services, their own links and/or any of their contents in general.
In this sense, if Users had reliable knowledge about illicit activities developed on the webpages of third parties, they should inform HotelRepresentatives immediately so that it can put that link out of commission.
Any kind of connection from the Website to another webpage does not imply that there is any kind of relationship, collaboration or dependency between HotelRepresentatives and those responsible for the other website.
9.2. Links on other webpages to the Website
If any User, entity or website wants to establish some kind of connection to the Website they should comply with the following stipulations:
The link can only be made with the Principal Page or Homepage of the Website, unless there is express, written authorisation from HotelRepresentatives.
The link should be absolute and complete: in other words, it should lead the User, by means of a click, to the URL address of that website and should fill the whole screen with the Principal Page of the website. In no case, unless HotelRepresentatives authorises it in writing, may that outside webpage in any way reproduce the HotelRepresentatives Website or include it as part of its webpage or inside one of its frames or create a browser based on any of the pages of the Website.
On the page that establishes the link, in no way can it be stated that HotelRepresentatives has authorised this link, unless HotelRepresentatives has given written permission to do this. If HotelRepresentatives establishes the connection from its Website and wishes to include the brand there –or its denomination, name, label, logotype, slogan or any other element that identifies HotelRepresentatives and/or its Website– it should have previously obtained the express written authorisation of the brand.
HotelRepresentatives does not authorise a link to its Website from those webpages that might contain materials or information or content that is illicit, illegal, degrading, obscene and, in general, that goes against morality, public order or generally accepted social norms.
HotelRepresentatives does not have the ability or the human and technical means to know about, control or approve all the information, contents, products or services provided by other webpages that might be accessed from its Website. HotelRepresentatives assumes no responsibility for any aspect regarding a link to another website, especially though not exclusively with regard to that site’s functioning, access, data, information, files, quality, reliability of its products and services, links and/or any of its content in general.
10. COMMUNICATION OF ACTIVITIES OF AN ILLICIT OR INAPPROPRIATE NATURE
Should the User or any other user of the Internet have knowledge that any kind of information or content on the Website, or that is facilitated by means of it, were illicit or inappropriate, he can contact HotelRepresentatives through the indicated email to inform it of any of the following:
Personal information about the reporting party: name, address, phone number and email address. Description of what reveals the illicit or inappropriate nature of the content or information, as well as the concrete address at which it is available.
Assuming that the rights of third parties have been violated, such as regarding intellectual or industrial property, it will be necessary to provide data about that third party, if it is someone other than the communicating party. Likewise, the communicating party should demonstrate whose rights have been violated, and if that person is someone other than the communicating party, who is it that represents that person.
According to current legislation, the reception by HotelRepresentatives of the communication foreseen in this clause does not suppose any effective knowledge of the activities and/or activities indicated by the communicating party, unless it is obvious or evident. In any case, HotelRepresentatives reserves the right to suspend or retire the contents that, while they may not be illicit, are contrary to the norms established in this Legal Warning, in each case carefully weighing the legal aspects in conflict.
11. DURATION AND MODIFICATION
HotelRepresentatives will be able to modify the terms and conditions stipulated here, totally or partially, by publishing any change in the same way in which it appears in the Legal Warning, or by means of any kind of communication directed to the Users. The temporary application of this Legal Warning thus coincides with the time it is exhibited and until any norms are modified, totally or partially, at which time the modified Legal Warning will be in effect.
Independently of what is set out in special cases, HotelRepresentatives can terminate, suspend or interrupt, at any time and without the need to give warning, access to the contents of its Webpage, with the User having no chance of demanding any indemnization.
12. GENERALITIES
The headings of the different clauses are only informative, and will not affect, qualify or amplify the interpretation of the Legal Warning. Should there exist any discrepancy between what is established in the Legal Warning and the particular conditions of each specific initiative, what is specified in the latter will take preference.
In case any provision or provisions in this Legal Warning were to be considered null or inapplicable, either totally or partially, by any Court, Tribunal or competent administrative organ, said invalidity or non-application will not affect the other provisions of the Legal Warning.
The non-exercise or non-execution on the part of HotelRepresentatives of any right or disposition contained in this Legal Warning will not constitute a renunciation of it, unless there is written recognition and agreement on its part.
13. APPLICABLE LEGISLATION AND JURISDICTION
The relations established between HotelRepresentatives and the User will be governed by what is stipulated in current Spanish legislation. HotelRepresentatives and the User, renouncing any other jurisdiction that might apply to them, will submit any controversies and/or litigation to the Courts and Tribunals of the city of Girona.
privacy policy
HotelRepresentatives (Asociación Promarketing y difusión del Turismo) provides the users of the webpage located in the URL www.latroupe.com (henceforth also the Website) with our current Privacy Policy, with the aim of offering information about how we treat your personal data and protect your privacy and information.
.L.U. asks the user to spend a few minutes carefully reading the present Privacy Policy.
1. INTRODUCTION
HotelRepresentatives is an entity whose registered office is at Calle Ricard Casademont, 59 2º 3ª 17240 Llagostera, and whose Tax Identification Number (NIF) is G-17831876 (hereafter “HotelRepresentatives”).
The present Privacy Policy applies to the HotelRepresentatives Website, as well as to the interactions that the user carries out with HotelRepresentatives through said Website or through email.
HotelRepresentatives can modify this Privacy Policy when necessary. Should modifications be introduced, we will let you know through the webpage or other means so that you can know the new privacy conditions. If you continue to use the functions provided by Hotelrepresentatives after having been notified of those modifications, it will mean that you are in agreement with them, with the exception of situations for which your express consent is necessary.
2. WHO IS RESPONSIBLE FOR TREATING YOUR PERSONAL DATA
HotelRepresentatives is responsible for treating personal data. To guarantee the correct treatment of your data, HotelRepresentatives has designated a Delegate for Data Protection, who you can consult for any questions you might have at the email head.office@hotelrepresentatives.org.
3. WHY WE DEAL WITH YOUR PERSONAL DATA
Personal data provided by the users of the Website or who contact HotelRepresentatives by some other means can be treated by HotelRepresentatives for the following purposes, based on what type of information is provided by the user as well the interactions that he carries out with HotelRepresentatives.
Contact, management and treatment of the questions and requests of users of the Website: The personal data of users who contact HotelRepresentatives through any of the channels available via the Website will be treated in order to maintain contact between the two parts, manage user requests, provide service to customers or users, and manage user requests that reach us through these channels.
Commercial, promotional or advertising communications: the personal data of users who contact HotelRepresentatives can be managed so as to send personalised commercial and publicity information about activities, products, services, offers, special promotions, as well as diverse documentation, by means of postal, telephonic or electronic means (email, SMS, messaging and other electronic means of communication).
The information to be sent can be relative to HotelRepresentatives and/or other entities. To optimise and improve its sending of information, and to offer adequate personalised information in accordance with the characteristics and/or needs of each user, HotelRepresentatives states that it can carry out automatic analyses and evaluations of profiles and apply techniques of segmentation, exclusively with internal data that HotelRepresentatives has, before sending advertising and commercial communications. All of this is independent of whether the user has given his express consent.
As explained in more detail later in this document, at any time the user can oppose the use by HotelRepresentatives of his data for advertising or promotional ends, by accessing the channels set up for this.“Work with us” (treatment of data from job applicants): The personal data of users who contact HotelRepresentatives via this section of our Website can be treated by HotelRepresentatives to receive CVs of possible candidates and decide whether they are accepted, and make possible their participation in our selection processes. If a user contacts HotelRepresentatives through that section, we will send him detailed information about his data as described, and will also inform him that his candidacy could be considered by HotelRepresentatives or by other entities that are part of the business group. If that were to mean communicating data to entities different than HotelRepresentatives, we will duly inform him and ask for his consent to carry out this treatment of data.
4. WHAT DATA IS TREATED BY LATROUPE AND WHAT ARE ITS SOURCES
The data that HotelRepresentatives manages as a result of interactions carried out by the user through our webpage comes from the following sources:
Data provided by the user when filling out the spaces used to manage communication with users that is provided by HotelRepresentatives or through any other means by which the user may communicate with HotelRepresentatives.
Data generated as a result of the development, processing and maintenance of the relationship established between the user and HotelRepresentatives.
HotelRepresentatives can use personal data of the following types, depending on the relationship established with the user:
Identification and contact information (for example, first and last names, email, postal address, telephone, etc.).
Academic and professional data and/or employment details (for example, information included in the CV).
Other kinds of data. Only in case the user brings other kinds of data in his interactions with HotelRepresentatives will said data be treated by HotelRepresentatives, and then only in case it is necessary for the objective being pursued. Otherwise, the information will be destroyed without having been stored or used previously by HotelRepresentatives.
5. WHAT IS THE LEGAL LEGITIMISATION FOR THE TREATMENT OF YOUR DATA
HotelRepresentatives uses personal data provided by users of the Website in accordance with the following legitimising bases, depending on the kind of data being facilitated by the user, as well as the user’s interactions with HotelRepresentatives:
The treatment of your data with regard to “Contact, management and processing of the consultations and requests of users of the Website” is based on the processing of the judicial relation between the user and HotelRepresentatives; in other words, on the management of his own request, on maintaining the contact between the two parties, and, should it apply, in whatever service the user might have requested, as well as, should it be necessary, on the consent that will be requested of the user.
The treatment of your data with regard to “Contact, management and processing of the consultations and requests of users of the Website” is based on the consent that, in each case, is requested of the user.
The treatment of your data with an end toward “Work with us” is based upon the application, as requested by the working person, of pre-contractual measures or the intention of signing a contract and the consent that is requested of the user.
HotelRepresentatives will only use personal data with the permission of the user in the cases where the user, by means of the models to obtain consent provided by HotelRepresentatives, had consented to each of the treatments of his data.
6. WHO RECEIVES YOUR DATA
Your information can be communicated to other companies in the HotelRepresentatives associated business group that carry out at HotelRepresentatives functions of, among others, management, control, management of human resources, vigilance of compliance with norms and auditing. The purpose of communicating this data is to make possible the management and development of the established opportune procedures, because other companies within the business group may be the mercantile entities that have to take care of consulting or hiring you. What makes the communication of this data legitimate is that it is necessary before a contract can be formalized.
Your data will not be communicated to third parties, unless this is expressly demanded by a regulation or it has the consent of the job applicant.
7. HOW LONG DO WE KEEP YOUR DATA
HotelRepresentatives keeps your personal information during the time necessary to provide the requested service and/or to achieve the objective being sought.
Afterward, as long as the user does not exercise his right to suppress it, the data will be conserved during the legal periods appropriate in each case, taking into account the type of data as well as the aim of its treatment.
In any case, the user can request detailed information about the periods for conserving data at HotelRepresentatives by contacting our Delegate for Data Protection, at head.office@hotelrepresentatives.org.
8. WHAT PERSONAL DATA SHOULD YOU GIVE US
HotelRepresentatives informs its users that, once personal data has been collected through a form on the Website, it will be necessary for each user to provide at least the data considered obligatory on the form. That information is considered necessary, and unless it is provided HotelRepresentatives will not be able to provide the service or information requested by the user.
9. WHAT YOU SHOULD GUARANTEE US WHEN PROVIDING YOUR PERSONAL DATA
The user guarantees that the data he provides is true, exact, complete and up to date, and is responsible for any harm or damages, direct or indirect, that might be caused as a consequence of not complying with this obligation.
In the case of a user providing data that pertains to a third party, he guarantees that he has informed this party about all the aspects contained in the present Privacy Policy and has obtained that party’s consent to provide us with his information for the appropriate treatment. All this should precede the sending of the data of a third party by means of the Website.
HotelRepresentatives makes known that anyone providing personal data of any kind through our Website must be over the age of 18. The user who provides information to HotelRepresentatives via the present Website declares and guarantees that he is over 18, and totally assumes responsibility for this declaration.
10. THE MEASURES WE ADOPT TO PROTECT YOUR PERSONAL DATA
In response to the concern by HotelRepresentatives to guarantee the security and confidentiality of your data, we have adopted the required levels for the protection of personal information and installed the technical means to avoid the loss, improper use, unauthorised access and theft of the personal data that has been provided through the Website. In any case, you should take into account that security measures on Internet are not impregnable.
11. WHAT ARE YOUR RIGHTS OVER YOUR PERSONAL DATA
HotelRepresentatives informs you that you have the right to obtain confirmation about whether or not we are treating personal data that concerns you.
Likewise, HotelRepresentatives informs you that you have the following rights over your personal data:
Accessing your data: You have the right to access your data to know what personal information of yours we are treating.
To request the rectification or suppression of your data: In certain circumstances you have the right to rectify that personal information that you consider inaccurate and that will be treated by HotelRepresentatives, as well as the right to request that this data be suppressed when, among other reasons, it is no longer necessary for the purposes for which it was collected.
Request a limit to the treatment of your data: In certain circumstances, you will have the right to request that we limit the treatment of your data, in which case we will only conserve the data about which you have requested a limitation to exercise your claims
To the portability of your data: In certain circumstances, you will have the right to receive the personal data that you have provided us, in a commonly used structural format and mechanical reading, and that it be transmitted by HotelRepresentatives to another person responsible for its treatment.
Opposing the treatment of your data: In certain circumstances and for reasons having to do with your particular situation, you will have the right to oppose the treatment of your information, in which case we will stop treating it unless we must continue to do so for compelling legitimate reasons or to exercise or defend against possible claims.
Likewise, we remind you that you have the right to rescind any consent you may have given regarding the treatment of your data, without that affecting the legality of the treatment based on the consent before it was rescinded.
You can exercise your rights over your personal data by writing to HotelRepresentatives –with the reference “Protection of Data” and providing the number of your national identity card– at the following addresses: Calle Ricard Caddemont, 59 2º 3ª 17240 Llagostera or head.office@hotelrepresentatives.org
In the event that your request is not answered, you can present a claim before the Delegate for Data Protection, at the email address head.office@hotelrepresentatives.org or before the competent government office for the protection of information.
COOKIES POLICY
A cookie is a small piece of data (text files) that a website, when visited by a user, asks your browser to store on your device to remember information about you, such as your language preference or login information. These cookies are set by us, and are called first-party cookies. We also use third-party cookies (which are cookies from a domain other than the domain of the website you are visiting) for our advertising and marketing research. Specifically, we use cookies and other tracking technologies for the following purposes:
These cookies are necessary for the website to function and cannot be disabled on our systems. They are usually set to respond to actions taken by you to receive services, such as adjusting your privacy preferences, logging into the site, or filling out forms. You can set your browser to block or alert you to the presence of these cookies, but some parts of the website will not function. These cookies do not store any personally identifiable information.
TERMS & CONDITIONS
All representation contracts between HotelRepresentatives and a client in any of its variants include a marketing fee of 1 year of non-revocable duration.
The renewal of the representation will be done automatically if none of the parties manifests the contrary 30 days before the expiration date of the representation.
All representation contracts include commissions for closed sales.
The terms of the commissions are specified in each contract.